HEARING ON MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION
FILED BY MARCY WONG & DONN LOGAN ARCHITECTS
* TENTATIVE RULING: *
Defendant Marcy Wong & Donn Logan Architects’ (“MWDL”) motion for summary judgment is granted. As to the second cause of action for professional negligence, it is undisputed that this claim is untimely. The Performing Arts Building Project was completed on June 20, 2013. (Cmplt, paragraph 11) Plaintiff Marin Community College District (“MCCD”) gave MWDL notice of its claims against them in detail in a letter from MCCD’s counsel on October 9, 2013. (Facts 9, 10 – Undisputed) Plaintiff did not file this action until December 24, 2015, over two years later. See CCP Section 339(1) (two year statute of limitations for professional negligence)
The entire dispute in this motion is whether the “gravamen” of MCCD’s complaint arises in contract or tort. If it arises in contract, the claim is timely, because it would be subject to a four year statute of limitations.
Hearing Date
December 18, 2017
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HEARING ON MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION
FILED BY MARCY WONG & DONN LOGAN ARCHITECTS
* TENTATIVE RULING: *
Defendant Marcy Wong & Donn Logan Architects’ (“MWDL”) motion for summary judgment is granted. As to the second cause of action for professional negligence, it is undisputed that this claim is untimely. The Performing Arts Building Project was completed on June 20, 2013. (Cmplt, paragraph 11) Plaintiff Marin Community College District (“MCCD”) gave MWDL notice of its claims against them in detail in a letter from MCCD’s counsel on October 9, 2013. (Facts 9, 10 – Undisputed) Plaintiff did not file this action until December 24, 2015, over two years later. See CCP Section 339(1) (two year statute of limitations for professional negligence)
The entire dispute in this motion is whether the “gravamen” of MCCD’s complaint arises in contract or tort. If it arises in contract, the claim is timely, because it would be subject to a four year statute of limitations.